A. Definition of the Crime
1. Section 782.071 of the Florida Statutes defines "vehicular homicide" as the killing of a human being by the operation of a motor vehicle by a person in a reckless manner likely to cause the death of, or great bodily harm to, another person.
2. The standard jury instruction on vehicular homicide states that before a
defendant may be found guilty, the jury must find that the defendant operated the vehicle in a reckless manner likely to cause the death of, or great bodily harm to,
another person. The state does not need to prove as an element of vehicular homicide the intent by the defendant to harm or injure the victim or any other person.
B. Proof Necessary
1. The Florida Supreme Court has held that the legislature created the offense of vehicular homicide "to cover the hiatus between section 782.07 manslaughter and the traffic offense of reckless driving"
2. Vehicular homicide cannot be proven without also proving the elements of
reckless driving.
3. However, this does not mean that every fatality is accompanied by and results from conduct warranting a criminal conviction. It must be established beyond and
to the exclusion of every reasonable doubt that the defendant was guilty of the conduct covered by the statute.
4. The line between a traffic infraction and vehicular homicide is hard to draw.
The above is edited material from a book by Revere Publishing.
Here is the actual statute:
782.071 Vehicular homicide.—“Vehicular homicide” is the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
(1) Vehicular homicide is:
(a) A felony of the second degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084.
(b) A felony of the first degree, punishable as provided in s.
775.082, s.
775.083, or s.
775.084, if:
1. At the time of the accident, the person knew, or should have known, that the accident occurred; and
2. The person failed to give information and render aid as required by s.
316.062.
This paragraph does not require that the person knew that the accident resulted in injury or death.
(2) For purposes of this section, a fetus is viable when it becomes capable of meaningful life outside the womb through standard medical measures.
(3) A right of action for civil damages shall exist under s.
768.19, under all circumstances, for all deaths described in this section. (4) In addition to any other punishment, the court may order the person to serve 120 community service hours in a trauma center or hospital that regularly receives victims of vehicle accidents, under the supervision of a registered nurse, an emergency room physician, or an emergency medical technician pursuant to a voluntary community service program operated by the trauma center or hospital.